Another Concerned DS Agent Pens Response to Diplomatic Security’s Broadcast Message on Sexual Harassment

Posted: 3:42 am ET
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We received the following via email from “Another Concerned DS Agent” in response to our post: PDAS Miller Issues Sexual Harassment Message to Diplomatic Security Employees, What’s Missing?:

After DSS* Director Bill Miller felt the need on Friday afternoon to defend the agency in a DS Broadcast message against your post titled, “Inbox: Female Diplomatic Security Agent Pens a Note on Sexual Harassment and Career Suicide”, I decided I had seen enough when it came to empty lip service within the department, and specifically DS.

Director Miller’s DS Broadcast reiterated Department policy and stated “as a law enforcement organization, we are held to the highest standard of ethical conduct.” While I commend Director Miller for sending these words, this is not something that actually happens on a day-to-day basis within both State, and specifically DS. Director Miller either doesn’t know what happens within his own bureau or turns a blind eye – like much of DS leadership. The anonymous female agent hit the nail on the head – complaining leads to career suicide!

Last year I watched as a colleague of mine blew the whistle on a hostile work environment and a bullying supervisor. Numerous previous supervisors of the bully supervisor were aware of the bullying actions (which included screaming at subordinate employees and threatening them with written reprimands) and none of them did anything about it – they just passed the problem on to the next guy. And when the highest ranking person in the office refused to deal with my colleague’s issue, it was elevated to the Office Director. When the Office Director refused to deal with the issue, it was elevated to the DAS level. And what was the DAS’ resolution? Reassigning the whistleblower! What kind of message does that send to employees?

I commend the anonymous female agent’s courage for speaking up, as whistleblower retaliation — for any offense, sexual or otherwise — is a real problem within the Department. And so long as OSI** is the only recourse we have (since State OIG refuses to investigate employee misconduct) employees are left without protection.

 

*DSS stands for Diplomatic Security Service.  OSI** stands for the Diplomatic Security’s Office of Special Investigations, apparently also known sometimes as Professional Responsibility (PR) or the Special Investigation Division (SID).  Within Diplomatic Security, it is the  primary office that investigates employee misconduct. A separate source informed us there is a concern out there about conflicts of interest. OSI reports internally to the bureau which results in something like this: State Dept Security Officer Alleged Sexual Misconduct: Spans 10 Years, 7 Posts. OSI employees also rotate/bid/lobby for future assignments like the rest of the Foreign Service. For more on this, read State/OIG on Diplomatic Security’s Special Investigations Division – The Missing Firewall.

As to the OIG — the OIG’s latest semi-annual report to the Congress indicates that 9% of the cases it closed between 10/1/2015–3/31/2016 were categorized as employee misconduct. So we know that State/OIG investigates employee misconduct. However, an overwhelming majority of cases it closed are related to contract and procurement fraud which constitutes 50% of the cases.  We don’t know what happens if somebody brings in an allegation of sexual harassment to the Inspector General, so we asked.

If somebody from DS complains to OIG about sexual harassment, what is the OIG’s response? Does it hand off the case to the Office of Civil Rights (OCR) or back to Diplomatic Security (DS), or to the Director General/Human Resources (DGHR)?
We also wanted to know if there’s an instance when OIG would take on a sexual harassment complaint for further investigation? And if not, would it make a difference if there are multiple allegations?

 

Here is the OIG’s full response to our questions:

 

The OIG takes allegations of sexual harassment very seriously. As a general matter, OIG refers allegations of sexual harassment, equal employment opportunity, and/or potential hostile work environment to the Department’s Office of Civil Rights (S/OCR), consistent with the FAM. However if such matters appear systemic, then OIG may investigate. Indeed, in its report “Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security” (ESP-15-01) OIG examined the case of a Diplomatic Security manager with a long history of sexual harassment and misconduct allegations dating back 10 years.

Additionally, Department employees who believe they have been subjected to whistleblower retaliation may contact OIG or the Office of Special Counsel (OSC). OIG can help the individual in understanding their rights and may investigate the retaliation, as well as alert the Department to any illegal reprisal.

 

The Office of Civil Rights (S/OCR) . Which can’t be bothered to answer a simple question. Ugh! The OIG’s Whistleblower Protection page is here.  Click here for the OIG Hotline.  The Office of Special Counsel (OSC) is here.

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Secretary of State’s Security Detail Who Asserted He Was Drugged, Robbed, and Kidnapped Gets 14 Day Suspension

Posted: 2:31 am EDT
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This case is about a member of the security detail of then Secretary of State Hillary Clinton who asserted that he was drugged, kidnapped and robbed during a trip overseas in June 2012. The State Department says that “the grievant consumed nine alcoholic beverages the night before the meeting and the flight, left his hotel alone at 2:30 a.m. the morning of the meeting and flight, and remembers nothing after that until he allegedly awoke at 10:15 a.m. in a car with three strangers in a wooded area 25 km. from his hotel.”  

Public records indicate that the then secretary of state was on foreign travel to Oslo and Tromso, Norway from June 1-2, 2012.

The following is excerpted from the Record of Proceeding from FSGB No. 2014-043:

Grievant joined the Department in 2011. The instant grievance arises from events on the evening of June 1 and morning of June 2, 2012, in and around (REDACTED), while grievant was assigned to temporary duty (TDY) as a member of then-Secretary of State Hillary Clinton’s Security Detail (SD) during the Secretary’s official visits to (REDACTED) and (REDACTED).
[…]
Grievant, an untenured Special Agent in the Bureau of Diplomatic Security, grieved the Department’s Decision to suspend him for 14 days without pay and place a discipline letter in his Official Personnel Folder for Failure to Report for Duty. The Department charged him with failure to report for a morning meeting and missing a flight from REDACTED to REDACTED on June 2, 2012, while a member of Secretary Clinton’s Security Detail. As aggravating factors, the Department cited the fact that grievant consumed nine alcoholic beverages the night before the meeting and the flight, left his hotel alone at 2:30 a.m. the morning of the meeting and flight, and remembers nothing after that until he allegedly awoke at 10:15 a.m. in a car with three strangers in a wooded area 25 km. from his hotel. Grievant was removed from the Security Detail and sent home from REDACTED, with other members of the Detail picking up his assignments in REDACTED. Grievant asserted the affirmative defense that he was drugged, kidnapped, and robbed, making it impossible for him to report for scheduled duty. He further complained that the Department’s investigation of the incident was biased and procedurally flawed, that he has been improperly harmed by the Report of Investigation, that the Department mischarged him, that his “off-duty” conduct should not constitute an aggravating factor, and that the penalty was unreasonably harsh and inconsistent with penalties meted out for similar or lesser offenses in recent years.
[…]
Grievant states that at approximately 10:15 a.m. on June 2, he awoke in the rear passenger seat of a car parked in a wooded area with three other sleeping men whom he could not identify but who looked “vaguely familiar.” He exited without waking the others and followed a path to a road. At approximately 11:00 a.m., grievant contacted an SD team member and was instructed to flag down a public bus and proceed to the nearest railway station. After being picked up by the ASAIC, the Assistant Regional Security Officer, and a local national, grievant stated that he felt very groggy, “more than just hung over.” They took him to a local medical center for evaluation, and then to a police station, where grievant filed a report of the incident, noting that $80 and a credit card were missing from his wallet (though other credit cards and grievant’s BlackBerry were still in his possession).

As the circumstances of grievant’s disappearance were unclear, and his report of feeling groggy raised questions about his neurocognitive condition, the Department removed him from the SD and ordered him to return to the U.S. Blood and urine tests from the medical center came back negative for the substances screened (so-called “date-rape drugs” Oxazepam, Benzodiazepine, and Creatine), and the (REDACTED) police ultimately dismissed grievant’s complaint that he had been robbed “by unknown perpetrator” for lack of evidence.  (Note: Grievant argues in the FSGB case that “although tests at the medical center detected no drugs in his system, the tests did not screen for common “date rape” drugs GHB, Ketamine, and Rohypnol and thus do not disprove that he was drugged.)”
[…]
On the other hand, the Department asserts that grievant has produced no evidence in support of his affirmative defense (i.e., that he was “likely” the victim of a crime that prevented him from reporting for duty). There is no witness testimony establishing that he was kidnapped, drugged, and robbed. The tests performed at the medical center produced no evidence that grievant was drugged, and grievant’s complaint that the screening was not comprehensive for all common “date rape” drugs, even if true, in no way establishes that he was in fact drugged (italics added).

Wait, but if he was tested for all common date drugs, and it shows, wouldn’t that have provided some evidence that something happened to him beyond just the alcoholic drinks?

The Foreign Service Grievance Board says that “consistent with its obligation to promote the efficiency of the Service, the Department must have latitude to determine how best to conduct an investigation and frame an ROI. We are not persuaded by the evidence or arguments submitted by grievant that the Department abused its discretion or violated applicable law or regulation in carrying out its investigation of grievant’s failure to report for duty or in formulating its conclusions in the ROI.”

It held that “the Department has met its burden of proving that the charged misconduct (Failure to Report for Duty) occurred, that a nexus exists between grievant’s misconduct and the efficiency of the Service, and that the proposed punishment is proportionate to the offense. Grievant has failed to meet his burden of proof with respect to the affirmative defense he asserted” and denied the  grievance appeal by the special agent.

Read in full here:

If the document embed does not display in full, the FSGB file is accessible here as PDF.

 

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Milla Jovovich’s Survivor — RSO-I’s Job Just Got Seriously Sexy

Posted: 2:46 am EDT
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How did we miss James McTeigue’s 2015 action film Survivor starring Milla Jovovich, Pierce Brosnan, Dylan McDermott, and Angela Bassett?  Kate Abbott (Milla Jovovich) is a Diplomatic Security agent with the State Department stationed at the U.S. Embassy in London, where she is tasked with weeding out visa applicants who could be potential terrorists. This job would be the Regional Security Officer – Investigator (RSO-I), yes?  For those who work at a consular section and at a US embassy, there will be stuff to quibble about in this movie. But if you just enjoy an action thriller with lots of running and fireworks, you might find this enjoyable.  Or not. The RSO-I’s job just got seriously sexy, hey …

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Note: If you have not check it out yet, we have also put together a curated list of State Department-related movies in our newly organized Amazon store. We get a tiny, mini egg added to our nest egg if you use our affiliate links 😉!

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A State Department Under Secretary for Security? Our Readers Wade In

— Domani Spero

 

Last week we blogged about AFSA’s opposition to the creation of an Under Secretary for Security position, a position that had been recommended and approved but never implemented following the East Africa Embassy Bombings in 1998.  (See Eek! Diplomats Union Opposes Creation of Under Secretary for Security — Badda bing badda boom?!).

The Independent Panel (Sullivan Panel, 2013) tasked with looking into the Best Practices on security after ARB Benghazi (2012) has again recommended the creation of an Under Secretary for Diplomatic Security.

Related item: The Independent Panel on Best Practices | August 2013(pdf) via Al Jazeera

The previous recommendation in 2000 was for the creation of a new position for Under Secretary for Security, Law Enforcement & Counter Terrorism. This to us, appears to make the most sense, instead of having just one for security as the Sullivan Panel recommended.  That said, we are not optimistic this would happen anytime soon.  An expanded bureaucracy is, of course, a legitimate concern.  But to a certain extent, that has already happened with the creation of the DAS for High Threat Posts, except that the internal shuffles only happened within Diplomatic Security, and had not remedied the U/S for Management’s span of control over thirteen bureaus.

About HTP, we understand that it now stands for ‘High Threat Programs’?  Here’s an explanation from a blog pal in the know (Thanks T!) on HTP and danger posts:

“That term “High Threat Posts” was a very poor choice for the name of the new DS office, since it seems to say that high threat levels alone are enough to qualify a post for special security interest. They’ve now changed the name to “High Threat Programs,” but that’s just as bad. It’s actually a combination of high threat levels,  low host government willingness and/or capability to provide security support,  and a really bad mission physical security platform that puts a post on the list. That’s why the HTP list doesn’t correlate with the danger pay list, and why it doesn’t include even some posts that have a history of attacks. “

Diplomatic Security Great Seal

Diplomatic Security Great Seal (Photo credit: Wikipedia)

 

In any case, we’ve invited readers to send us their thoughts for or against the creation of an Under Secretary for Security. Below is a selection of the feedback we received:

  • ▶︎ As an active DS Agent, I fully support the creation of the U/S position. DS should have a preeminent role in the security decisions facing our diplomats. It is a complete travesty that this recommendation was made 14 years ago and still hasn’t been implemented.
  • ▶︎ I support an U/S for Security position.  It signals that the Department actually takes the safety and security of our foreign service personnel seriously. An organization chart reflects the priorities of the organization. The senior security professional should be place as high as possible within the organization and should report directly to the senior executive in the organization. The DoS currently shows they don’t take security seriously when the head of security for the organization reports to the U/S for Management instead of reporting directly to the Secretary.
  • ▶︎ A DS U/S would be a dedicated security and law enforcement  professional with the ability to ensure that security considerations are given fair discussion.
  • ▶︎ AFSA and the Department hold FSOs up as the main decision makers on everything even though they usually aren’t the best qualified. Could you imagine the uproar if we created a working group of DS Agents to decide our political or economic policies? Yet, they convene a panel of FSOs to decide security policy and no one bats an eyelash.
  • ▶︎ I’m worried that if the U/S for Security becomes a reality the Department would fill it with a political appointee or someone outside of DS which I think would be completely unfair. Could you imagine the FBI or Secret Service filling their top position with someone outside their respective agency?
  • ▶︎ While I can think of several good reasons to have, I think all will be outweighed by the fact that this will end up being a political appointee position that would have no insight into State Department operations, no knowledge or understanding of DS operations and no true experience in security operations on the global scale within which DS operates.
  • ▶︎ Our FSO colleagues can write and they can  move US policy forward. But most are completely clueless when it  comes to security and law enforcement. I see it every day. ‘Nobody  would hurt me. I’m here to help. ‘ A DS U/S would mirror the  overseas environment where other sections partner with RSOs to get  things done.  I always tell my colleagues that you tell me what you want/need to do and I’ll figure out a way to do it. It may not be exactly as they were thinking (sometimes the ideas are simply wacky), but we’ll get the work done.
  • ▶︎ Why shouldn’t there be an U/S for DS?  Start with the Finding on page 17 of the “Green Report.”  (Like the Sullivan Report, not distributed within or outside the Department, but — also like the Sullivan Report — available on Al-Jazeera’s website.)  Then read the rest of the report.
  • ▶︎ In support of a U/S for DS, INR and CT, the Secretary would be in a position to nominate an experienced, credible and respected leader such as retired Generals John R. Allen or Stan McCrystal.  This type of person would be influential and provide advise on how to best mesh security with diplomatic engagement, along with oversight for DS, INR and CT = a true model for how to break the shackles of DS under the M paradigm.

 

And then here’s this one from an FSO:

  • ▶︎ As someone who has recently served in one of the most dangerous posts in the world, I fully support the Foreign Service union’s message.  I, along with many of my colleagues, often felt extremely frustrated by the security restrictions that the Regional Security Office imposed on us diplomats.  We only rarely left our compound.  And after the fallout from Banghazi, we often couldn’t even go to other Embassies for social functions.  However – other embassy personnel – the ones who carried guns – didn’t have to follow the same rules.  As a result, they became the faces of the embassy to both the public and to the rest of the international community while we – the diplomats – stayed cloistered in our compound.  Often we felt like mere fig leaves or window dressing, present in a country only for cover to the military and security types, even though many of us would have willingly accepted the same risks that they did for the sake of our mission.  I strongly believe that the work we diplomats do abroad is equally important to the national interest as the work done by the military and other agencies.  Why then, should we not take the same risks as they do?

We’ve done away with the comments section in this blog for a while now, but it’s open today if you have additional thoughts to share.

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No Publicity Zone — 2012 Judicial Actions Involving Foreign Service Grievance Board Rulings

— Domani Spero

We’ve  heard from the FS grapevine about an agreement that there will be no publicity of grievance results.  If that’s true, well, that’s a terribly bad agreement, right?

So if you want to keep up with Foreign Service grievance cases that went to court, you can check FSGB’s annual report to Congress which details judicial actions related to Board cases during the year.   We have listed them below from the 2012 report and have included the links to PDF files for all the court rulings but one.  In he future, most of the cases should be available via the GPO but if not available there, you can also try looking them up using pacer.gov (requires registration and payment for document view/download).

Karl Hampton v. Tom Vilsack | PDF

Karl Hampton is a former Foreign Service Officer with the Department of Agriculture who was terminated for cause after a hearing before the Board in 2007. He subsequently filed a Title VII suit against USDA, claiming discrimination on the basis of race, retaliation for engaging in protected activity, and a hostile work environment. Last year the District Court for D.C. granted USDA’s motion for summary judgment on nine of the ten counts alleged, and later dismissed the tenth count. Karl Hampton v. Tom Vilsack, 760 F. Supp. 2d 38 (D. D.C. 2011). Hampton appealed that decision. In a de novo review, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the District Court’s ruling. Karl Hampton, Appellant v. Tom Vilsack, Secretary, United States Department Of Agriculture, Appellee, 685 F.3d 1096; (U.S. App. D.C. 2012).

Richard Lubow, et al., v. United States Department of State, et al., | PDF

The plaintiffs in Richard Lubow, et al., v. United States Department of State, et al., 2013 U.S. Dist. LEXIS 10780, (D.D.C. 2013) were five Diplomatic Security Agents who had served in Iraq in 2004. They grieved the Department’s application of a cap on their premium pay and its decision not to grant them a waiver of repayment of the amounts that the Department had paid them in excess of that cap. The FSGB concluded that, contrary to the Department’s findings, the grievants were not at fault in incurring the overpayments and thus were eligible for a waiver of their debts. However, the Board also found that it was within the Department’s discretion to decline to grant the waivers, and that the Department had appropriately considered the relevant factors and had not abused its discretion in denying the waivers. The District Court affirmed those findings and granted summary judgment in favor of the Department.

Jeffrey Glassman v. the U.S. Department of State (unable to locate this case. See this article from WaPo: Disabled but determined, U.S. diplomat Jeffrey Glassman sues over forced retirement)

In an order dated September 25, 2012, Judge Rosemary Collyer of the District Court of D.C. dismissed three counts of the plaintiff’s claims in Jeffrey Glassman v. the U.S. Department of State, et. al., Civil Action No. 10-1729, as well as both the Department of State and the Foreign Service Grievance Board as defendants, on procedural grounds. Glassman is a former officer of the Department of State who grieved his involuntary retirement, claiming it was a result of his disability and therefore illegal. The Board denied Glassman’s claim. Glassman appealed that decision to the district court, while also independently claiming a violation of the Rehabilitation Act. While dismissing three counts and two defendants, the court ordered the case to proceed on Glassman’s remaining claim, that the Foreign Service precepts have a disparate impact on him and others with disabilities because of their emphasis on unusually difficult or dangerous assignments, in violation of the Rehabilitation Act. The Secretary of State, as head of the agency, remained as the sole defendant.

Richard Baltimore, III v. Hillary Clinton | PDF

In Richard Baltimore, III v. Hillary Clinton, 2012 U.S. Dist. LEXIS 153253 (D.D.C. 2012), former Ambassador Baltimore appealed a decision by the FSGB sustaining charges by the Department of State involving misuse of an official vehicle and failure to report the gift of a rug, that resulted in a 45-day suspension without pay. Baltimore challenged the Board’s decision as arbitrary and capricious. The D.C. District Court upheld the Board’s reasoning and decision.

Yamin v. United States Department of State | PDF

On November 19, 2012, Jeremy Yamin petitioned the D.C. District Court to review the FSGB’s May 23, 2012 order denying in part his request for attorney fees incurred in a grievance appeal. Yamin is a Department of State officer who had received a one-day suspension in a disciplinary action. In his appeal to the FSGB, the Board upheld the charge, but found the one-day suspension to be excessive and reduced the penalty to an admonishment. Yamin requested attorney fees and expenses in the amount of $71,645.48. The Board approved $12,385.03, denying the rest. Yamin requested a review of this decision.

 

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DS Agent David J. Rainsberger Pleads Guilty to Receiving Unlawful Gratuities, False Statements

Via USDOJ:

ALEXANDRIA, Va. – David J. Rainsberger, 32, a law enforcement officer with the State Department’s Diplomatic Security Service, pleaded guilty today to receiving unlawful gratuities while stationed at the U.S. embassy in Kingston, Jamaica, and making false statements to the United States government on a national security questionnaire required to maintain his security clearance.

Neil H. MacBride, United States Attorney for the Eastern District of Virginia, and Gregory B. Starr, Director of the Diplomatic Security Service for the U.S. Department of State, made the announcement after the plea was accepted by United States District Judge Gerald Bruce Lee.

Rainsberger faces a maximum penalty of two years in prison on the gratuities charge and five years in prison on the false statements charge when he is sentenced on April 19, 2013.

According to court records, Rainsberger served as an assistant regional security officer for investigations at the U.S. embassy in Kingston, Jamaica, from 2009 to 2011.  While there, Rainsberger befriended a well-known Jamaican musician whose entry to the U.S. had been barred because of allegations of criminal conduct.  Rainsberger’s investigation of this individual resulted in the reinstatement of his visa, which allowed the individual to travel to the U.S. to take advantage of performance and recording opportunities.  On account of the assistance Rainsberger provided him with respect to his U.S. visa, the musician purchased for Rainsberger two luxury watches worth approximately $2,500.  In addition, Rainsberger received free admission to nightclubs, backstage access to concerts, and a birthday party hosted by the musician.

At the same time, Rainsberger, who was already married, became engaged to a Jamaican national and intentionally withheld disclosure of the relationship from the U.S. government on Office of Personnel Management Standard Form 86, a national security questionnaire that requires disclosure of close and continuing contact with foreign nationals.  Rainsberger also repeatedly accessed, without authority, Department of State visa and passport databases for personal purposes.

This case was investigated by the Diplomatic Security Service.  Assistant United States Attorneys Paul J. Nathanson and G. Zachary Terwilliger are prosecuting the case on behalf of the United States.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae.  Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia athttp://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.

We could be wrong on this but we don’t think this guy is going to get the maximum prison time of seven years for $2500 watches, concert freebies and lying about his engagement while still married to somebody else.  But for sure, his career with Diplomatic Security is now over and he’s only 32.
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